News & Analysis as of

Software European Union

Orrick, Herrington & Sutcliffe LLP

EU Commission Clarifies Definition of AI Systems

The European Commission published guidelines that clarify the definition of AI systems under the AI Act, analyzing each component of the definition of AI system, providing examples and specifying which systems should be...more

Faegre Drinker Biddle & Reath LLP

Ten Things to Know About the European Union’s New Product Liability Directive

After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability...more

Pillsbury Winthrop Shaw Pittman LLP

The EU’s Cyber Resilience Act: New Cybersecurity Requirements for Connected Products and Software

The CRA will affect a broad range of digital products placed on the EU market (including by those based outside the EU), including connected hardware/devices, software and remote data processing solutions. The EU has adopted...more

A&O Shearman

Indirect patent infringement before the UPC: limits that manufacturers must observe in advertising and product instructions

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Ortovox Sportartikel GmbH v. Mammut Sports Group AG/GmbH (UPC_CFI_16/2024), Düsseldorf Local Division (January 14, 2025) ORD_63219/2024. Anyone developing or marketing an innovative product will want to ensure that they do...more

Goodwin

EU Updates its Product Liability Regime: Important Considerations for Providers of AI Systems and Software

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The European Union has significantly overhauled its product liability regime with a new directive concerning liability for defective products (Product Liability Directive). EU member states have until December 9, 2026, to...more

DLA Piper

How Many Neurons Must a System Compute Before You Can Call It AI? Unpicking the Guidelines on the AI Act’s Definition of...

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Bob Dylan famously asked, “How many roads must a man walk down, before you can call him a man?”. The power of the question is that there is no answer – and comparing the tribulations of one person’s journey through life to...more

A&O Shearman

The EU Cyber Resilience Act - What You Need to Know

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The EU Cyber Resilience Act (CRA) entered into force on 10 December 2024. The CRA is the first legislation of its kind in the world that aims to enhance the cyber security of products or software with a digital component...more

Fenwick & West LLP

The EU Updates its Products Liability Directive to Include AI

Fenwick & West LLP on

On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

Akin Gump Strauss Hauer & Feld LLP

Guidelines on the Export of Cyber-surveillance Items Under Article 5 of Regulation 2021-821

In 2021, the European Union (EU) updated the EU Dual-Use Regulation, setting unified standards for EU member states to control exports of dual-use items. A key addition in Regulation (EU) 2021/821 is Article 5’s “catch-all...more

Jones Day

Radical Changes to Europe's Product Liability Rules Adopted

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Dramatic changes to EU product liability rules are expected to drive an increase in litigation....more

DLA Piper

EU: Cyber Resilience Act published in EU Official Journal

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On 20 November 2024, the EU Cyber Resilience Act (CRA) was published in the Official Journal of the EU, kicking off the phased implementation of the CRA obligations....more

Hogan Lovells

The EU Cyber Resilience Act: Implications for Companies

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The EU Cyber Resilience Act (CRA) (Regulation (EU) 2024/2847) is a pioneering piece of EU legislation that establishes mandatory cybersecurity standards for most hardware and software products made available on the EU market....more

Proskauer Rose LLP

EU's AI Act: Ten Facts for Organisations in the UK and US

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The EU’s AI Act (the “Act”) is the world’s first comprehensive AI law. The Act manages risks posed by certain AI systems and prohibits certain AI-related practices. UK and US organisations should not assume that the Act does...more

Jones Day

EU Enacts Broad Cybersecurity Requirements for Hardware and Software Products

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On October 10, 2024, the EU Cyber Resilience Act ("CRA") was adopted by the Council of the European Union....more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

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Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Goodwin

EU Adopts Cyber Resilience Act for Connected Devices

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On October 10, 2024, the European Council officially adopted the Cyber Resilience Act (CRA), a regulation designed to ensure that products with digital features are secure to use and resilient against cyber threats, and that...more

Morrison & Foerster LLP

To Scrape or Not to Scrape? First Court Decision on the EU Copyright Exception for Text and Data Mining in Germany

On September 27, 2024, the Regional Court (Landgericht) of Hamburg, a court of first instance (the “Court”), dismissed a cease-and-desist claim by the photographer Robert Kneschke against LAION e. V. that the scraping of his...more

Latham & Watkins LLP

DORA: Just Over Three Months Until Take Off

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The deadline is fast approaching for in-scope financial entities and their ICT service providers to conform to the EU’s new digital operational resilience regulation. With effect from 17 January 2025, a broad range of EU...more

DLA Piper

Data Act Frequently Asked Questions Answered by the EU Commission

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The EU Data Act is one of the cornerstones of the EU's Data Strategy and introduces a new and horizontal set of rules on data access and use to boost the EU's data economy. Most of the provisions of the Data Act will become...more

DLA Piper

Navigating AI Liability Risks

DLA Piper on

Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We...more

Baker Botts L.L.P.

Intellectual Property Report

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Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

K&L Gates LLP

Digital Operational Resilience in the Financial Services Sector: EU and UK Update

K&L Gates LLP on

With under six months to go until the European Union Digital Operational Resilience Act (DORA) becomes applicable on 17 January 2025, DORA implementation projects are running full steam ahead. DORA lays down uniform...more

Alston & Bird

What to Tell Your C-Suite About the EU AI Act

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Our Privacy, Cyber & Data Strategy Team highlights 11 common questions your company’s senior executives may have about the European Union’s Artificial Intelligence Act and how you can answer them....more

Reveal

AI in eDiscovery: Highlights from the ACEDS Benelux Chapter Event

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On May 30, 2024, the Benelux Chapter of the Association of Certified eDiscovery Specialists (ACEDS) hosted a highly anticipated event in collaboration with Reveal and Houthoff in Amsterdam. This exclusive gathering brought...more

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